Question regarding next issue of Canadians born abroad after 2009

[GLZ6301]

What can 2 Canadian citizens do, as parents of a child born abroad after 2009 while the parents are resident abroad, to make it easier for that child to secure canadian citizenship for his/her children?
As I understand, Under the latest regulations, children born after 2009 to canadian citizens residing abroad ( young foreign born Canadians) cannot automatically pass on their citizenship to their offspring.
In some extreme cases, This risks to create a generation of nationless children in the 2030's, if foreign born Canadians get together and have children abroad, since many countries no longer grant citizenship upon birth.

Is it possible to change the citizenship status of this young foreign born Canadian through a form of naturalization? I.e. If the child lives in Canada for 5 years , will it earn the right to pass on Canadian citizenship to its future children even if they are born outside of Canada?
Or is the only way for them to pass on their Canadian citizenship togive birth in Canada? ( if that will still grant citizenship in 30 and beyond)

 

[screech339]

The only way a Canadian parent can pass on citizenship to their children born abroad is if the parent is born in Canada or naturalized Canadian (PR became Canadian).

If you and your spouse are canadian by descent (foreign born but canadian through your parents), then your children are not Canadian. If the children are stateless, then you would have to prove that to Canadian authorities. Not sure what are the steps involved in that.

If your children are not stateless, then you would have to sponsor them for PR. After they enter Canada as PR, then they can apply for Canadian citizenship once they land in Canada. They no longer have to wait 3 or 4 years in Canada to qualify for citizenship. They can apply at once.

Screech339

 

[GLZ6301]

Dear Screech339
Thanks for the quick response.
To clarify , could the parents who are Canadian by descent sponsor their foreign born child for permanent residency even while they, the parents, are living abroad? For example If the child, as a young adult from 19 years of age, attends university in Canada, could the parents sponsor him for PR? Could the parents do so for more than 1 of their children? ( assuming that the parents can guarantee support for each child)


Is there anyway for a foreign born Canadian by descent to become 'Naturalized' and get the same rights of transfer of citizenship as a naturalized Canadian?
It seems unfair (or unintentional at least) that a 3rd or even 4th generation Canadian is unable to automatically pass on their nationality or citizenship because they were born while their parents were abroad.

 

[zardoz]

Dear Screech339
Thanks for the quick response.
To clarify , could the parents who are Canadian by descent sponsor their foreign born child for permanent residency even while they, the parents, are living abroad? For example If the child, as a young adult from 19 years of age, attends university in Canada, could the parents sponsor him for PR? Could the parents do so for more than 1 of their children? ( assuming that the parents can guarantee support for each child)


Is there anyway for a foreign born Canadian by descent to become 'Naturalized' and get the same rights of transfer of citizenship as a naturalized Canadian?
It seems unfair (or unintentional at least) that a 3rd or even 4th generation Canadian is unable to automatically pass on their nationality or citizenship because they were born while their parents were abroad.

There is currently nothing that parents in this position can do to change the citizenship of affected children. There is also no way to convert "citizenship by descent" into "citizenship through naturalisation". The child can be sponsored for PR at any point up to the age of 18 by the parents and only then can naturalisation can be applied for. The sponsor need not reside in Canada during the sponsorship process if they are a Canadian citizen but they must show that they will return to Canada after the application is approved and the aapplicant lands as a PR.

 

[canuck_in_uk]

It seems unfair (or unintentional at least) that a 3rd or even 4th generation Canadian is unable to automatically pass on their nationality or citizenship because they were born while their parents were abroad.

It's not unintentional at all. The law was changed precisely so that Canadian citizenship was not being passed down through generations that have never actually been to Canada.

lets say a family of 4 ( husband, wife and 2 kids) come to Canada on PR card. After 3 years apply for citizenship and all 4 members are now Canadian citizen. Once the kids grow up and start living in another country for job/education etc. If the kids grow up and get married and get a child born outside Canada will this child get Canadian citizenship or no. In the whole process this family of 4 were no longer dual citizen. will their generation after generation will all be Canadian if born outside Canada

Canadians that were born in Canada or naturalized in Canada can pass on their citizenship to foreign-born children.

Canadians that were born outside of Canada to a Canadian parent cannot pass their citizenship on to foreign-born children.

 

[SinghLovCan]

What can 2 Canadian citizens do, as parents of a child born abroad after 2009 while the parents are resident abroad, to make it easier for that child to secure canadian citizenship for his/her children?
As I understand, Under the latest regulations, children born after 2009 to canadian citizens residing abroad ( young foreign born Canadians) cannot automatically pass on their citizenship to their offspring.
In some extreme cases, This risks to create a generation of nationless children in the 2030's, if foreign born Canadians get together and have children abroad, since many countries no longer grant citizenship upon birth.

Is it possible to change the citizenship status of this young foreign born Canadian through a form of naturalization? I.e. If the child lives in Canada for 5 years , will it earn the right to pass on Canadian citizenship to its future children even if they are born outside of Canada?
Or is the only way for them to pass on their Canadian citizenship togive birth in Canada? ( if that will still grant citizenship in 30 and beyond)

Why didnt u get them born in Canada in the very first place?

 

[IRCANADA]

Why didnt u get them born in Canada in the very first place?

Whats the point of having a Canadian Citizenship if they dont have an intention to live here or having their kids born here in Canada?? I dont get this part

 

[IRCANADA]

i am still confused. please let me ask again

if a family of 4 comes to Canada ( 2 adult mom dad and 2 kids daughters)
they all get PR card and then citizenship by living in Canada but none of them born in Canada obviously

so the daughters when they grow up and get married and live outside Canada will their child get Canadian citizenship. lets say her husband is not Canadian. now after another 20 years her child grews up and get married will his or her child also be Canadian. remember they don't hold dual citizenship..

NO !!

 

[zardoz]

i am still confused. please let me ask again

if a family of 4 comes to Canada ( 2 adult mom dad and 2 kids daughters)
they all get PR card and then citizenship by living in Canada but none of them born in Canada obviously

so the daughters when they grow up and get married and live outside Canada will their child get Canadian citizenship. lets say her husband is not Canadian. now after another 20 years her child grews up and get married will his or her child also be Canadian. remember they don't hold dual citizenship..

It is very simple. If you are a native born or naturalised citizen, you can pass on citizenship. If you gained citizenship via descent, you can't pass on citizenship.

 

[blueshirt]

in this case kids are naturalised as they were born outside Canada but came to Canada with their parents and acquired citizenship through applying with their parents. now this kids future takes them to live outside Canada and they get married their child will be Canadians as their parents got their citizenship when they were kids with their parents. so now this current child who get citizenship through their parents now get married and get child will this child be Canadian or no. this was my question.
let me make a flow chart

A - adult came to Canada on PR and became citizen
B- child of A but born outside Canada before A became citizen but B became citizen after PR with A same time
C - he is B's child born outside Canada. Since B is naturalized citizen C will get citizenship
D - D is C's child born outside Canada. Will C get citizenship. I think NO need confirmation. Why NO because C became citizen without PR card or without being born in Canada

In this situation lets say A and B when they got Canadian citizenship they had to give their nationality of home country as they don't allow dual citizenship.

Now C is also same situation cant hold dual nationality but no worries he is already Canadian.
Now whats the fate of D as D's parents don't have dual nationality. and Canada wont give D nationality what nationality he will be given if he is born in country which does not given citizenship by birth.

Hope this clears. Please read the flow chart slow and steady and multiple times so there is clear concept so one can reply and advice correctly without confusion or in vague.

It is very simple. If you are a native born or naturalised citizen, you can pass on citizenship. If you gained citizenship via descent, you can't pass on citizenship.

 

[canuck_in_uk]

Hope this clears. Please read the flow chart slow and steady and multiple times so there is clear concept so one can reply and advice correctly without confusion or in vague.

Please slowly read what we have already posted, as it has already been answered clearly several times. It really isn't that difficult. One more time:

If a person was born in Canada OR is a naturalized Canadian, their foreign-born children will be Canadian.

If a person was born to a Canadian parent outside of Canada, their foreign-born children will not be Canadian.

 

[screech339]

in this case kids are naturalised as they were born outside Canada but came to Canada with their parents and acquired citizenship through applying with their parents. now this kids future takes them to live outside Canada and they get married their child will be Canadians as their parents got their citizenship when they were kids with their parents. so now this current child who get citizenship through their parents now get married and get child will this child be Canadian or no. this was my question.
let me make a flow chart

A - adult came to Canada on PR and became citizen
B- child of A but born outside Canada before A became citizen but B became citizen after PR with A same time
C - he is B's child born outside Canada. Since B is naturalized citizen C will get citizenship
D - D is C's child born outside Canada. Will C get citizenship. I think NO need confirmation. Why NO because C became citizen without PR card or without being born in Canada

In this situation lets say A and B when they got Canadian citizenship they had to give their nationality of home country as they don't allow dual citizenship.

Now C is also same situation cant hold dual nationality but no worries he is already Canadian.
Now whats the fate of D as D's parents don't have dual nationality. and Canada wont give D nationality what nationality he will be given if he is born in country which does not given citizenship by birth.

Hope this clears. Please read the flow chart slow and steady and multiple times so there is clear concept so one can reply and advice correctly without confusion or in vague.

There's no confusion.

A - is naturalized canadian.
B - child is naturalized Canadian after getting PR and applied same time with parent A.
C - this child is canadian by descent because parent B is naturalized Canadian.
D - child does not get Canadian citizenship because parent C is Canadian by descent.

The citizenship law was changed so that canadian citizenship cannot be passed on for generations to those who never stepped foot in Canada their entire lives.

Classic example. Lebanese Canadian. When the war broke out, all the Canadian lebanese wanted Canada to pull them out at taxpayer's expense. When the war ended, they all went back. These people never stepped foot in Canada their entire lives. They only gotten citizenship because their ancestors was Canadian at one time and they passed it on from one generation to another. They didn't even need to know english / french / pay taxes. The change was made to prevent the abuse of passing of the citizenship for eternity.

 

[blueshirt]

thanks its clear now.
If D is born in middle east he cant get middle east nationality he has to get home country citizenship. In this case C never had home country citizenship he was Canadian by descent. but his father B and grand father A had home country citizenship let say for argument Egyptian. Will D get Egyptian nationality. but how will D prove to be Egyptian while C was never Egyptian.

There's no confusion.

A - is naturalized canadian.
B - child is naturalized Canadian after getting PR and applied same time with parent A.
C - this child is canadian by descent because parent B is naturalized Canadian.
D - child does not get Canadian citizenship because parent C is Canadian by descent.

 

[screech339]

thanks its clear now.
If D is born in middle east he cant get middle east nationality he has to get home country citizenship. In this case C never had home country citizenship he was Canadian by descent. but his father B and grand father A had home country citizenship let say for argument Egyptian. Will D get Egyptian nationality. but how will D prove to be Egyptian while C was never Egyptian.

Because Egypt is not a signatory to Hague convention of statelessness, Egypt is not forced to give Egyptian citizenship to any stateless children.

However since Canada is a signatory, the Canadian by descent parent can apply to have their stateless child to give canadian citizenship to their child. However the onus is on the parent to prove that the child is actually stateless first. What the proper procedure would be, I don't know as I am not familiar with it.

My only advice is to warn parent C not to have child in a country that not signatory to Hague convention or marry a spouse who can pass on citizenship by descent or deliver the baby in Canada. If parent C intents to come back to Canada only to have baby and then go back, be prepared to get a hefty medical bill for delivery.

Screech339

 

[blueshirt]

ok

Because Egypt is not a signatory to Hague convention of statelessness, Egypt is not forced to give Egyptian citizenship to any stateless children.

However since Canada is a signatory, the Canadian by descent parent can apply to have their stateless child to give canadian citizenship to their child. However the onus is on the parent to prove that the child is actually stateless first. What the proper procedure would be, I don't know as I am not familiar with it.

My only advice is to warn parent C not to have child in a country that not signatory to Hague convention or marry a spouse who can pass on citizenship by descent or deliver the baby in Canada. If parent C intents to come back to Canada only to have baby and then go back, be prepared to get a hefty medical bill for delivery.

Screech339